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HomeMy WebLinkAboutPC Reso 19-3103RESOLUTION NO. 3103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN -19-00054, THEREBY RECINDING RESOLUTION NO. 12-2808 AND ALLOWING AN EXTENSION TO THE EXISTING HOURS OF OPERATION FOR A RESTAURANT WITH LIVE ENTERTAINMENT. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On December 19, 2012, the Planning Commission approved Conditional Use Permit PLN -12-00267, for live entertainment to take place at an existing restaurant with incidental alcohol sales; and, B. On April 19, 2019, Jesus Rivas (hereinafter "applicant"), submitted a request for a revision to the original Condition Use Permit to extend the allowed hours of operation for live entertainment and rescind Conditional Use Permit PLN -12- 00267; and, C. On May 17, 2019, the applicants were issued a letter deeming the application incomplete. D. On August 20, 2019, the application was deemed complete after all required documents were submitted and reviewed. E. On August 22, 2019, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, G. The Planning Commission held a duly noticed public hearing on September 4, 2019, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. The requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site is located within an active downtown commercial area that contains similar restaurant uses so the project should not cause a nuisance related to public convenience or general welfare to any nearby persons residing or working in the area. Rather, the project aims to diversify the amount of goods and services available to patrons of city businesses. The following policies are promoted by the proposed CUP: Resolution No. 3103 Downey Planning Commission Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire goods and services The CUP promotes the above policy expanding the availability of live entertainment which aims to complement the existing restaurant that it will serve. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby community and general public. B. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The new proposed hours of operation for live entertainment are intended to complement the existing restaurant use. The live entertainment component is occasionally found within commercial downtown areas, including Downtown Downey. Live entertainment and proposed amended hours are also viewed as a common practice for many restaurants located in downtown areas. The main use of the site as a restaurant will remain the same and adverse impacts are not anticipated. "Mambo Grill" has received the least amount of "calls for service" among all downtown restaurants with incidental alcohol within the last year. Additional security guards have been required as a part of this approval to ensure adequate safe guards are provided to prevent future impacts. Therefore, the request is not anticipated to adversely affect the adjacent commercial businesses, nor hinder the area's potential for future growth and development. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The proposed scope of work for the interior remodel does not include changes to the building's square footage, and the extended hours of operation do not warrant a need for additional accommodations to the site. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Downtown Downey Specific Plan. Therefore, the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Live entertainment in conjunction with the ongoing operation of an existing full service restaurant is not anticipated to generate additional traffic. Live entertainment is an incidental amenity to the existing primary restaurant use. The combination of uses is common within active downtown areas and the existing infrastructure is built to accommodate these types of downtown uses. Therefore, the existing transportation infrastructure and public parking facilities that provides access to and from the project site and the nearby downtown will remain adequate in supporting the type and quantity of traffic generated by the existing use. PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 2 Resolution No. 3103 Downey Planning Commission SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Revision 'A' to Conditional Use Permit PLN -12-00267, subject to conditions of approval attached hereto as Exhibit 'A', which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of September 2019. Steven Domigue,Chairrr�an `6ity Planning-Gommissietf I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted b� the Planning Commission of the City of Downey at a regular meeting thereof, held on the 4t day of September 2019, by the following vote, to wit: AYES: COMMISSIONERS: Owens, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Frometa, Spathopoulos, Duarte and Dominguez Mary Cavan City Play} PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 3 Secretary mmission Resolution No. 3103 Downey Planning Commission PLN -19-00054 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this revision to Conditional Use Permit PLN -12-00267 allows for an extension of hours of operation for live entertainment within an existing restaurant with incidental alcohol sales. 2) The form of live entertainment is limited to dancing, disc jokey, live bands, and karaoke. The dance floor area shall be limited to the northern 346 square foot dining area as indicated in the approved set of plans. 3) The permitted hours of operation for the restaurant and live entertainment are as follows: Sunday — Wednesday 9:00 a.m. — 12:00 p.m. Thursday — Saturday 9:00 a.m. — 2:00 a.m. 4) This establishment is also allowed to operate from 9:00 a.m. — 2:00 a.m. on Sundays during holiday weekends when Monday is recognized as a holiday. These holidays are limited to: a) Martin Luther King's Birthday b) Presidents' Day C) Memorial Day d) Labor Day 5) Live entertainment shall cease thirty (30) minutes prior to closing. 6) "Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing. 7) The resolution which approved Conditional Use Permit PLN -12-00267 is hereby voided and shall no longer be enforceable. 8) Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 9) The site shall remain in conformance with this request and the approved set of plans. 10) The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, or any violation of the Downey Municipal Code occurs. 11) The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 4 Resolution No. 3103 Downey Planning Commission 12) Approval of revisions to Conditional Use Permit PLN -12-00267 (PLN -19-00054) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 13) Applicant shall comply with all conditions of PLN -19-00054 before this Conditional Use Permit becomes valid. 14) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 15) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 16) The business owner shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or other City Official for purposes of verifying compliance with any of the Conditions of Approval of this CUP, as well as with any Police Permit and approved Security Plan. 17) All Department of Alcoholic Beverage Control rules and regulations shall be enforced and complied with. The applicant shall submit to the City Planner a copy of the Department of Alcoholic Beverage Control license, including any and all conditions imposed, which will be kept on file in the Planning Division office. 18) It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 19) The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves of innocent victims as a result of the excessive consumption of alcoholic beverages. PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 5 Resolution No. 3103 Downey Planning Commission C) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. 20) The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria; a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916) 419-2500. 21) All signs shall comply with Chapter 6 of the Downey Municipal Code. 22) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 23) Cover charge for the admission to the business shall only be permitted during the display of pay-per-view sporting events. During such events TV monitors shall be blocked from or oriented away from the public right of way. There shall be no cover charge during any other time. 24) The subject property and surrounding area must be maintained free of trash, litter, and debris at all times. Surrounding area shall mean one storefront on either side of the tenant space. 25) The owner/applicant shall ensure that all entry and exit doors to and from the subject business remain closed during all hours of operation. 26) The owner/applicant shall not permit any loitering on the subject site. 27) Customers shall not be within the business after the specified closing time. 28) The sale of alcohol shall be incidental to the sale of food. 29) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. 30) The sale of alcohol shall be incidental to the sale of food within the dining area. 31) The kitchen shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in compliance with this condition. 32) The sale of alcoholic beverages for off the premises consumption shall be prohibited. Consumption of alcoholic beverages shall be prohibited outside of the tenant space or designated outdoor dining area when in use. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 6 Resolution No. 3103 Downey Planning Commission 33) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 34) The rear door shall only be accessible to employees (unless required for an emergency), and must remain shut when not in use. 35) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. 36) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval the revision of Conditional Use Permit PLN -12-00267 (PLN -19-00054), into the approved set of building plans. BUILDING 37) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 38) Prior to the commencement of any construction, the applicant shall obtain all required permits. Once permits are issued, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the business. 39) The Title Sheet of the plans shall include: a) Occupancy Group b) Occupant Load C) Description of use d) Floor area of building(s) and/or occupancy group(s). POLICE 40) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 41) The owner/applicant must provide a minimum of four (4) licensed and bonded, uniformed patrolmen or security guards on-site during the hours of 8:00 p.m. to 2:00 a.m. on Thursdays, Fridays, and Saturdays. As well as on Sundays before specified holidays when hosting live entertainment and open from 8:00 p.m. to 2:00 a.m. The number of security guards may be increased as the Chief of Police determines is necessary. 42) The business owner shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or City Official for purposes of verifying compliance with any of the Conditions of Approval of this approval, as well as with any Police Permit and approved Security Plan. 43) Signs shall be posted at all entrances to the premises and business identifying a zero - tolerance policy for nuisance behavior at the premises (including the parking lot). Signs shall be posted along the entry/ exit ways and shall also include verbiage prohibiting the possession and consumption of alcohol outside the premises. 44) The owner/applicant shall not permit any loitering in front of the business. PLN -19-00054 — 11018 Downey Ave September 4, 2019 - Page 7 Resolution No. 3103 Downey Planning Commission 45) A copy of this conditional use permit and any Police permit shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City's laws, ordinances, or regulations. 46) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 47) The owner/applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are work backwards. 48) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing or consuming alcohol. 49) The owner/applicant shall comply with and strictly adhere to all conditions of any permit issued by the Alcohol Beverage Control ("ABC") to the applicant and any applicable regulations of ABC. 50) Upon the determination by the Chief of Police that the operation of the business requires additional on-site security, the applicant shall submit and obtain approval of a revised security plan to the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. The security plan shall be submitted to the Police Department within fourteen (14) days of being requested. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within forty-eight (48) hours of notification. FIRE 51) The applicant is responsible for obtaining all necessary permits prior to the commencement of construction. 52) Provide the City of Downey Fire Department with a floor plan, schedule and specifications of all equipment. 53) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1 ]. 54) Existing cooking hood/exhaust system automatic fire extinguishing system shall be UL 300 complainant; and have the required semi-annual inspection and testing [CA Fire Code § 904.2.2; §904.5; §904.12; §609]. 55) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals set forth in Table 609.3.3.1 — upon request occupancy shall furnish reports indicating kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code §609.3]. 56) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1 ]. PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 8 Resolution No. 3103 Downey Planning Commission 57) Provide occupancy load sign to the occupancy[CA Fire Code §1004]. 58) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, etc. 59) The establishment shall comply with all current code requirements for the occupancy use and type. PUBLIC WORKS 60) The applicant is responsible for obtaining all necessary plan approvals and permits. 61) If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 62) The owner/applicant must comply with all applicable Federal, State and local rules and regulations, American Disabilities Act (ADA), including compliance with South Coast Air Quality Management District (SCAQMD) regulations. [End of Conditions] PLN -19-00054 — 11018 Downey Ave. September 4, 2019 - Page 9